Emotional support animals in rental housing

If you have a disability and an animal helps with its symptoms, a landlord generally has to let you keep it as a reasonable accommodation, even in a no-pet building, and in New York City can’t charge pet fees or apply size, weight or breed limits to it unless that would cause an undue hardship. The landlord may ask for a short statement from a health professional when your disability or need isn’t obvious, but can’t demand your diagnosis or medical records.

Three layers of law protect you in NYC: the federal Fair Housing Act, the New York State Human Rights Law and the NYC Human Rights Law. The city law is the broadest, so this guide flags where it goes further.

Service animal, emotional support animal or pet?

The federal ADA, which governs stores, restaurants and other public places, defines a service animal as a dog trained to do work or perform tasks, and says dogs whose only job is comfort don’t qualify. That definition is not the housing rule. Housing law covers a wider range of assistance animals, including emotional support animals.

What a landlord may ask, and what it can’t

If the landlord thinks your documentation is too thin, the city’s guidance says it should not simply reject the request. It should ask for more information or, with your consent, speak with your provider, and it must let you submit a written supplement instead if you prefer. Anything you share must be kept confidential.

How to ask

1. 1

   Put the request in writing

   Email or letter is best. Say you have a disability, that you are asking for a reasonable accommodation to keep an assistance animal, and describe the animal. You don’t need special words.

2. 2

   Attach a provider statement if your need isn’t obvious

   A short letter from a health professional who treats you, saying you have a disability and that the animal helps with its symptoms, is the kind of documentation the city guidance describes. Leave out your diagnosis.

3. 3

   Respond to reasonable follow-up questions

   In NYC, the landlord must engage in a good-faith “cooperative dialogue” with you about the request.

4. 4

   Get the decision in writing

   NYC housing providers must end every cooperative dialogue with a written final determination saying what was granted or denied. Not giving you one is a separate violation.

For a full template and checklist, see how to request a reasonable accommodation.

When a request can be denied

Under the NYC Human Rights Law, an accommodation is presumed reasonable, and the landlord has to prove undue hardship. The city’s guidance says allowing an assistance animal will rarely be an undue hardship, and the possibility of incidental damage usually isn’t enough. Situations that can justify limits:

• The animal is illegal to own. If city, state or federal law bans the animal and gives no exception, the guidance treats allowing it as an undue hardship.
• A specific animal causes real problems. If a particular animal creates legitimate health or safety concerns or a nuisance, the landlord must first talk with you about alternatives before demanding removal or taking other action.
• The landlord is exempt. The NYC law exempts only a rental in an owner-occupied two-family building that was not publicly advertised, and room rentals inside the owner’s or occupant’s own home. Publicly assisted housing is never exempt.

You are still responsible for your animal: cleaning up, controlling noise and paying for damage it actually causes, the same as any tenant. Normal security deposit rules apply; see NY security deposit rules.

NYCHA residents

NYCHA exempts assistance animals from its 25-pound weight limit and breed bans. You request the accommodation on NYCHA Form 040.505, and the animal must be registered, wear a NYCHA tag in public areas, be spayed or neutered and have a current rabies vaccination.

If you’re denied

You can file with any one of these agencies. Filing is free and you don’t need a lawyer.

Retaliating against you for asking is also illegal under all three laws. More on choosing an agency in housing discrimination in NYC. For animals that aren’t tied to a disability, the NYC three-month pet rule may still help.